HomeMy WebLinkAboutOrdinance - 2004-O0095 - Amending Zoning Ordinance Making Chagnes: Case No. 2826-A - 08/26/2004I First Reading
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. August 26, 2004
Item No. 38
Second Reading
September 16, 2004
Item No. 13
I ORDINANCE NO. 2004-o0095
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND
THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING
I CHANGES: ZONE CASE NO. 2826-A; A ZONING CHANGE FROM T, R-2 AND
' C-4 TO R-1 SPECIFIC USE FOR REDUCED SETBACKS ON 48 ACRES OF
UNPLATTED LAND OUT OF SECTIONS 9, BLOCK E, LUBBOCK, TEXAS;
SUBJECT TO CONDITIONS; PROVIDING A PENALTY, PROVIDING A
J SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the proposed changes in zoning as hereinafter made have been duly
presented to the Planning and Zoning Commission for its recommendation which was
· received by the City Council and, after due consideration, the City Council found that
! due to changed conditions, it would be expedient and in the interest of the public health,
safety and general welfare to make those proposed changes in zoning; and
WHEREAS, all conditions precedent required by law for a valid amendment to
· the Zoning Ordinance and Map have been fully complied with, including giving notices
in compliance with Section 29-24 of the Code of Ordinances, City of Lubbock, Texas,
and the notices provided by the Texas Local Government Code §211.007 (Vernon,
1990), and notice was duly published in the Lubbock Avalanche-Journal more than 'I fifteen (15) days prior to the date of the public hearing before the City Council on such
proposed amendment, and the public hearing according to said notice, was held in the
iCity Council Chamber of the Municipal Building, Lubbock, Texas, at which time
!persons appeared in support of the proposal; and after said hearing, it was by the City
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council determined that it would be in the public interest, due to changed conditions,
1that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter
I set forth in the body of this Ordinance and this Ordinance having been introduced prior
to frrst reading hereof; NOW THEREFORE:
j BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
ZONE CASE NO. 2826-A
·~· SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are
amended as follows:
I A change of zoning from T, R-2 and C-4 to R-1 Specific Use for reduced
setbacks under provisions of Section 29-24 of the Code of Ordinances of the
City of Lubbock on 48 acres of unplatted land out of Sections 9, Block E,
City of Lubbock, Lubbock County, Texas, located South of 85th Street and
west of Avenue P, subject to conditions and being further described as follows:
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METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A".
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THAT the front setback minimum for interior lots shall be twenty feet.
2. THAT the front setback for cui de sac lots shall be a minimum of five
feet except that any garage shall have a twenty-foot setback.
3. THAT the side setback on comer lots shall be a minimum of five feet.
l SECTION 2. THAT the granting of this specific use zoning is hereby made
1 subject to compliance with all provisions of Zoning Ordinance No. 7084, as amended,
including particularly, but not limited to, Section 29-24 of the Codified Zoning
Ordinance, which provides that a Building Permit shall be applied for and secured
within thirty (30) months of the effective date of the zone change or all undeveloped
property shall automatically revert back to the previous zoning classification, which in
this case is the T, R-2 and C-4 zone districts; and if such reversion occurs, the
Director of Planning is directed to remove from the Zoning Map the legend indicating
such specific use. The Specific Use authorized by this Ordinance is permitted under
provision of Section 29-24 (c)(24) of Codified Zoning Ordinance No. 7084 on the
property described as 48 acres of unplatted land out of Sections 9, Block E, City of
Lubbock, Lubbock County, Texas.
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SECTION 3. THAT violation of any provision of this Ordinance shall be
ideemed a misdemeanor punishable by fine not to exceed Two Thousand and No/100
Dollars ($2,000.00) as provided in Section 29-31 of the Zoning Ordinance of the City
of Lubbock.
SECTION 4. THAT should any paragraph, sentence, clause, phrase or word
of this Ordinance be declared unconstitutional or invalid for any reason, the remainder
I of this Ordinance shall not be affected thereby.
SECTION 5. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative method
!provided by law.
Zone Case No. 2826-A
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AND IT IS SO ORDERED.
Passed by the City Council on flrst reading this 26th day of August , 2004.
I Passed by the City Council on second reading this 16th y of_=-~~~=====-· 2004.
1 ATTEST:
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~&cd-k ~~ . R; ca Garza, City Secretary ~
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·..:;,;;..;;:.-....:.::D AS TO CONTENT:
' ~507\.._
APPROVED AS TO FORM:
~.~eYe~~·
Linda L. Chamales
Senior Attorney Offlce Practice
l as/cityatULinda/ZoneCases/ZC2826-A !I i ugust 5, 2004
UGAL,MAYOR
I ·~---------------------------------~--~-------------------Zone Case No. 2826-A
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"""'"" • ..,.., f V.J£. ~ c::J'f..:Urc.c::J.~one Case No. 2826-A
·~·~V ( . c~ . ~-> Ordinance No. 2004-oQ095
. Exhibit "A" A Q A ,..., I~ ENGINEERING
'('61'('\...-Wu suRvevJNG
2737 81ST STREET WBBOCK. TEXAS 79423
(808) 746-7870
Metes and BoundS Oescriptlon on a 48 Acre Tract of land out of Section 9, Block E. Lubbock County,
Texas, being further described by me1eS and boundS as follows;
Beginning at a point which bearsS 89"59'28" W, a distance of 782.69 feet from the Southeast comer of the
Northeast Quarter of Seclicn 9, Block E;
THENCE S ag•sa~a· W, 1138.00 f'eet;
THENCE N 00"03'14" W. 728.00 feet;
THENCE S 89°59'28" W, 718.00 feet;
THENCE N 00•03•1 S" W, 720.00 feet,
THENCE N 89°59'02" E. 1790.00 feet;
THENCE S 00"02'51" W. 613.00 reet:
THENCE N 891159'02" E, 32.00 feet:
THENCE South. 318.00 feet;
THENCE S 13.38'06" E, 148.00:
THENCE South. 373.00 feet to the Point of Beginning and containing 48 acres including any right-of-way.
Prepared for Zone Change Purposes only, Does not represent a survey.